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<br /> WASTE MANAGEMENT
<br /> FAILURE TO PERFORM ANY DUTY CONSIDERED TO BE NON-DELEGABLE). THIS
<br /> INDEMNITY DOES NOT EXTEND TO THAT PORTION OF A CLAIM FOR WHICH OWNER OR
<br /> ANY OWNER INDEMNITEE IS FOUND BY FINAL JUDGMENT OR ARBITRATION AWARD
<br /> TO HAVE BEEN NEGLIGENT OR AT FAULT. EXCEPT AS PROVIDED IN ARTICLES 3.23.2,
<br /> 3.23.3 AND 3.23.4 BELOW, IN THE EVENT THAT OWNER OR AN OWNER INDEMNITEE IS
<br /> FOUND, BY ANY DISPUTE RESOLUTION PROCESS TO BE NEGLIGENT OR AT FAULT IN
<br /> WHOLE OR IN PART, THE INDEMNITY AND HOLD HARMLESS OBLIGATION OF
<br /> CONTRACTOR WITH REGARD TO ATTORNEYS' FEES AND LITIGATION OR
<br /> ARBITRATION COSTS AND EXPENSES INCURRED IN DEFENSE OF SUCH CLAIM SHALL
<br /> BE REDUCED BY THE PERCENTAGE OF NEGLIGENCE OR FAULT OF THE OWNER OR
<br /> OTHER INDEMNITEES.
<br /> 3.23.2 INDEMNITY-THIRD PARTY PERSONAL INJURY AND PROPERTY DAMAGE CLAIMS. TO
<br /> THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS SET OUT IN
<br /> SUBPARAGRAPHS 3.23.3 AND 3.23.4 BELOW, CONTRACTOR SHALL INDEMNIFY, HOLD
<br /> HARMLESS AND DEFEND OWNER AND ALL INDEMNITEES WITH COUNSEL
<br /> ACCEPTABLE TO OWNER, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND
<br /> EXPENSES, INCLUDING, BUT NOT LIMITED TO,ATTORNEYS' FEES,ARISING OUT OF OR
<br /> RESULTING FROM BODILY INJURY OR DEATH OF ANY PERSON OR PROPERTY
<br /> DAMAGE, INCLUDING LOSS OF USE OF PROPERTY, ARISING OR ALLEGED TO ARISE
<br /> OUT OF OR IN ANY WAY RELATED TO THE AGREEMENT OR CONTRACTOR'S
<br /> PERFORMANCE OF THE WORK OR OTHER ACTIVITIES OF CONTRACTOR, BUT ONLY TO
<br /> THE EXTENT CAUSED IN WHOLE OR IN PART BY ANY NEGLIGENT ACT OR OMISSION
<br /> OF CONTRACTOR OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY
<br /> CONTRACTOR OR ANYONE FOR WHOSE ACTS CONTRACTOR MAY BE LIABLE.
<br /> 3.23.3 INDEMNITY-EMPLOYEE INJURY CLAIMS. NOTHWITHSTANDING THE FOREGOING AND
<br /> TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL INDEMNIFY,
<br /> HOLD HARMLESS AND DEFEND OWNER AND THE INDEMNITEES WITH COUNSEL
<br /> ACCEPTABLE TO OWNER, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES AND
<br /> EXPENSES, INCLUDING, BUT NOT LIMITED TO,ATTORNEYS' FEES,ARISING OUT OF OR
<br /> RESULTING FROM BODILY INJURY TO, OR SICKNESS, DISEASE OR DEATH OF, ANY
<br /> EMPLOYEE, AGENT OR REPRESENTATIVE OF CONTRACTOR OR ANY OF ITS
<br /> SUBCONTRACTORS ("EMPLOYEE") BROUGHT BY SUCH INJURED EMPLOYEE OR THE
<br /> EMPLOYEE'S WORKERS COMPENSATION INSURANCE CARRIER, EXCEPT TO THE
<br /> EXTENT CAUSED BY THE NEGLIGENCE OR FAULT OF OWNER OR THE INDEMNITEES .
<br /> THE INDEMNIFICATION OBLIGATIONS UNDER THIS PARAGRAPH SHALL NOT BE
<br /> LIMITED BY ANY BENEFITS PAYABLE BY OR FOR CONTRACTOR UNDER WORKERS
<br /> COMPENSATION ACTS, DISABILITY BENEFIT ACTS OR OTHER EMPLOYEE BENEFIT
<br /> ACTS. CONTRACTOR SHALL PROCURE LIABILITY INSURANCE COVERING ITS
<br /> OBLIGATIONS UNDER THIS PARAGRAPH.
<br /> 3.23.4 INDEMNITY - INTELLECTUAL PROPERTY CLAIMS. IN ADDITION TO THE
<br /> INDEMNIFICATION PROVIDED IN 3.23.1, 3.23.2 AND 3.23.3 ABOVE, CONTRACTOR SHALL
<br /> INDEMNIFY, DEFEND WITH COUNSEL ACCEPTABLE TO OWNER, AND HOLD HARMLESS
<br /> OWNER AND INDEMNITEES FROM AND AGAINST ANY CLAIM, DAMAGE, LOSS, OR
<br /> EXPENSE (INCLUDING BUT NOT LIMITED TO INDEMNITEES' ATTORNEYS' FEES)
<br /> ARISING OUT OF, RESULTING FROM OR ATTRIBUTABLE TO ANY CLAIM THAT ANY
<br /> MEANS, METHOD OR PROCESS, MATERIALS, GOODS OR SERVICES PROVIDED BY
<br /> CONTRACTOR IN THE PERFORMANCE OF WORK ON THE PROJECT INFRINGES ON ANY
<br /> PATENT, COPYRIGHT, TRADEMARK, SERVICE MARK, OR TRADE NAME OR OTHER
<br /> INTELLECTUAL PROPERTY RIGHT OF A THIRD PARTY, INVADES A THIRD PARTY'S
<br /> RIGHT OF PUBLICITY OR PRIVACY, OR PLAGIARIZES THE WORK OF A THIRD PARTY,
<br /> EVEN TO THE EXTENT SUCH CLAIM, DAMAGE, LOSS OR EXPENSE IS ALLEGED TO BE
<br /> CAUSED, IN WHOLE OR IN PART,BY THE CONCURRENT NEGLIGENCE OF INDEMNITEES
<br /> OR ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY THEM.
<br /> 18 Jun-17
<br /> Ver.2.0
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